5 NURSERY STREET - ZBA 5 NURSERY STREET R-2
MARTIN GILBERT`'
G e
s,
1
'Legal Notice 1
CITY OF SALEM t
BOARD OF APPEAL
745-9595 EXT.381
Will hold a public hearing for all
persons interested in the petition sub-
mitted by Martin Gilbert requesting
Special Permit to convert 2 family
dwelling into 3 for the property locat-
ed at 5 Nursery Street R-2.Said hear-
ing to be held Wednesday,March 15„
2000 at 6:30 P.M.,One Salem Green,
2nd Floor.
Nina Cohen
Chairman
(3/1,6)
Ctg of ttlem, 'Mttssadjuse$ s :Y'0 t F,cE
>� �nttrD of ��ettl
1 b P 3� 0 1
DECISION ON THE PETITION OF MARTIN GILBERT REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 5 NURSERY STREET R-2
A hearing on this petition was held March 15, 2000 with the following Board Members
present: Nina Cohen, Chairman, Stephen Buczko, Ronald Harrison, Richard Dionne and
Stephen Harris. Notice of the hearing was sent to abutters and others and notices of the
hearing were properly published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner requests a Special Permit to convert 2 family dwelling to a 3 family dwelling.
Martin Gilbert is under agreement to purchase the property located at 5 Nursery Street
on the condition that I can occupy the third floor.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is section 5-3 6), which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordance with the procedure and conditions set forth in Section 8-6
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension of expansion of nonconforming lots,
land, structures, and uses, provided, however, that such change, extension,
enlargement or expansion shall not be substantially more detrimental than the existing
nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests, guided by
the rule that a Special Permit request may be granted upon a finding by the Board that
the grant of the Special Permit will promote the public health, safety, convenience and
welfare of the City's inhabitants.
A. Special conditions and circumstances exist which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings or
stuctures in the same district.
B. Literal enforcement of the provisions of the Zoning Ordinance would involve
Substantial hardship, financial or otherwise, to the petitioner.
C. Desirable relief may be granted without substantial detriment to the public good and
Without nullifying or substantially derogating from the intent of the district or the
purpose of the ordinance.
The Board of Appeal, after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
1
x�
}i GE
DECISION ON THE PETITION OF MARTIN GILBERT REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 5 NURSERY STREET R-2.
page two
1. The petitioner, Martin Gilbert represented himself at the hearing.
2. The petitioner presented professionally prepared plans to assure adequate
parking spaces in the event the special permit was permitted.
3. The house has been occupied as a three family unit for 19 years and only ceased
being that in November of 1999 when the third floor occupant moved out.
4. The owner, William Murphy, who lives on the first floor, spoke on behalf of the
petitioner and indicated that even though the house is technically a two family
unit, the third floor unit still must have heat to avoid water pipes from freezing
during the winter and this adds to the cost of upkeep.
5. There was no opposition to the petition.
On the basis of the above findings of fact, and on the evidence presented at the hearing,
the Board of Appeal concludes as follows;
1. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
2. The relief requested can be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent of the district or the
purpose of the ordinance.
3. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the City's
inhabitants.
Therefore, the Zoning Board of Appeal voted 4-1, to grant the relief requested, subject to
the following conditions:
1. Petitioner shall comply with all city and state statues, codes ordinances and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
3. A Certificate of Occupancy shall be obtained.
4. Rear area of parking must be made of loose materials and not paved.
Special Permit Granted
March 15, 2000 /�& I // � a,,(,d l CSC-h)
Ronald Harrison JT
Board of Appeal
DECISION OF THE PETITION OF MARTIN GILBERT REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 5 NURSERY STREET R-2
page three
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17, of MGL Chapter
40A, and shall be filed within 20 days after the date of filing of this decision in the office
of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Special
Permit granted herein shall not take effect until a copy of the decision, bearing the
certification of the City Clerk that the 20 days have elapsed and no appeal has been
filed, or that, if such appeal has been filed, that is has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the name of the
owner of record or is recorded and noted on the owner's Certificate of Title.
o -
o ;�
Lq � �, �- -